Defective Car Repair Lawsuit in Delaware

In Delaware, the term “defective car repair” refers to situations where a vehicle, whether new or used, has undergone multiple repair attempts for the same issue, but the vehicle problem persists. In other words, a defective car repair is a repair that has been attempted on a vehicle, but the repair has not remedied the underlying issue.

It is important to note that if a repair is not properly completed on a vehicle, driving the vehicle further can result in additional damages to the vehicle. Additionally, driving a vehicle with defective mechanic work can also result in injuries to the vehicle driver, their passengers, or other drivers on the road.

A person may be physically injured as a result of a defective car repair in Delaware. In that case, they have a legal right to sue the responsible party to compensate them for their damages. In general, these cases will involve a personal injury lawsuit being filed based on the theory of negligence.

Further, in Delaware, there are several laws that address defective car repairs and protect consumers in the state when repairs are performed that do not remedy the underlying issue. The Delaware Lemon Law is a state law that covers both new and used vehicles.

If you have a new vehicle that has been out of service for a total of 30 days or longer due to the same defect or four or more repair attempts have been made to fix the issue then that vehicle may be considered a lemon.

Likewise, if you have a used vehicle and the vehicle has undergone three or more repair attempts for the same defect or has been out of service for 15 days or more due to the defect, then that vehicle may be considered a lemon.

Specifically, the Delaware Department of Justice, Fraud and Consumer Protection Division is the state agency that enforces the Lemon Law. Importantly, if your vehicle qualifies as a lemon, the manufacturer or dealership must either provide a comparable replacement vehicle or repurchase the existing vehicle.

Lastly, there are also other consumer protection laws in the state. The Uniform Deceptive Trade Practices Act in Delaware governs the deceptive trade practices laws in the state. Specifically, the Act is found under Subtitle II of Title 6 in the Delaware Code and holds mechanics or repair shops liable if there were any “unfair, false, misleading, or deceptive acts or practices” employed during the vehicle repair or sale.

What Are Some Examples of Defective Car Repairs?

There are many different examples of defective car repair in Delaware. Examples of common defective car repairs include:

• Faulty mechanical work that results in further mechanical issues with the vehicle or the same issue remaining unfixed;
• Improper replacement of parts, such as using cheap after-market or incorrect parts that fail;
• Defective body repair work that results in further necessary body repairs;
• Improper wiring that results in an onboard computer failure or other electronic errors.

Once again, automobile repair shops and mechanics in Delaware are held to specific industry standards regarding any repairs, upgrades, or adjustments made to vehicles. In fact, Delaware’s lemon laws are one such set of laws that help protect consumers.

What Is the Difference Between a Defective Car Repair and a Defective Product Recall?

Defective car repairs and defective product recalls do not refer to the same defect. Defective repairs are, once again, repairs that have not actually been completely repaired by a mechanic or auto repair shop, resulting in the problem persisting. In contrast, a defective product recall concerns a defect that is the result of the vehicle’s manufacturer rather than an attempted and failed repair.

A product recall serves the purpose of notifying all automobile consumers about dangerous defects that may be present in their vehicles. As such, if you receive a product recall notice, it is important to immediately take action and schedule the repair that is listed in the notice. These repairs should be performed at no cost to you.

What Should I Do Regarding a Defective Car Repair?

In regards to what you should do if you are experiencing issues with a defective car repair or multiple repair attempts have been made concerning the same issue on your vehicle, your first step should always be to contact the person who previously made the repairs. The shop or mechanic may be able to provide a remedy to your issues.

If the mechanic or auto repair shop is unable to properly fix your problem, then an auto repair lawyer can help you from there. An attorney is especially necessary if you or the passengers in your vehicle were injured as a result of the defective car repair.

A lawyer for car issues will be able to help you determine your best course of legal action, based on the specific facts and circumstances of your case. An attorney can also help you determine who may be held responsible and what damages may be available in your case.

What Documentation Do I Need When Dealing with a Defective Car Repair?

In general, most mechanic work in Delaware will be performed under some services contract that authorizes the repair work. This written contract will typically be executed between the consumer and the repair shop or mechanic and include an outline regarding the repair work to be performed and the cost. This contract is often the most important piece of documentation that you need when dealing with a defective car repair.

Examples of other documentation that you should always keep in relation to a defective car repair include:

• Any and all receipts that outline payments that were requested and made.
  • Importantly, this will also generally include the date that services were performed and how many attempts at fixing the issue have occurred;
• Any purchase or repair warranties that were provided by or communicated by the repair person or shop;
• Insurance documents that indicate any insurance payments made or authorizations made by the insurance company for the repair of your vehicle;
• Copies of any communications between you and the shop or repair person;
• Copies of any other documents relating to the repair, such as lists of parts used, a document outlining labor performed, or other contracts executed.

How Do I Sue for Defective Car Repair Issues?

In order to sue for defective car repair issues in Delaware, you will need to understand legal theory, case law, and the state laws on civil procedure. A local attorney in Delaware will be familiar with this entire civil process and will be able to provide you with guidance and assistance.

In general, the process is to draft and file a civil lawsuit naming the party responsible for your damages. Serve your lawsuit on that party and allow them a period of time to respond to your lawsuit, and then either resolve the issue in court or outside of court.

Should I Talk to a Lawyer for Help with a Defective Car Repair Claim?

If you are experiencing any issues related to a defective car repair, it may be in your best interests to consult with an experienced Delaware liability lawyer. An experienced liability lawyer will be able to help you determine your best course of legal action.

Further, an attorney will be able to help you gather evidence, draft your civil complaint, and file it in the appropriate venue. Additionally, an attorney will also be familiar with the proper state and local civil process for moving forward with your lawsuit. Finally, an attorney will also be able to represent your interests in court if court intervention becomes necessary.